R v Hebert Case Analysis free essay sample

Neil Hebert was suspected of having robbed the Klondike Inn. After the police located Hebert, they placed him under arrest and informed him of his rights, and took him to the R. C. M. P detachment in Whitehorse. Hebert contacted counsel and obtained legal advice regarding his right to refuse to give a statement. After exercising his right to contact counsel, Hebert was interrogated by the police. During the interrogation, Hebert indicated that he did not desire to make a statement. In attempt to get information out of Hebert, the police placed him in a cell with an undercover officer. The officer was dressed in plain clothes and was posing as a suspect under arrest by the police. The undercover office proceeded to engage Hebert in a conversation, during which Hebert made several incriminating statements. This action violated ss. 7 and 10(b) of the Canadian Charter of Rights and Freedoms. The judge excluded the statements made by Hebert to the undercover officer, and he was later acquitted of the charges. We will write a custom essay sample on R v Hebert Case Analysis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page However, the Court of Appeal set aside the acquittal and ordered a new trial, concluding that the police had not violated ss. 7 and/or 10(b) of the Charter. The Court of Appeal allowed the appeal, concluding that the police had violated neither Hebert’s right to counsel. For the court, the right to counsel did not disqualify the police from questioning the accused in the absence of counsel after counsel had been contacted. Furthermore, the court asserted that the right to remain silent, as a fundamental principle of justice, did not prohibit the accused being questioned by undercover police officers. As such, the court set aside Hebert’s acquittal and ordered a new trial. Hebert appealed the decision to the Supreme Court of Canada. Issues involved in the Appeal The Supreme Court of Canada considered two issues: First, whether the police had violated the accused Charter of Rights when obtaining the statements. Secondly, if in fact they did violate his rights, whether they should be excluded under s. 24(2) of the Charter. Under section 7, the state is not allowed to use its power to overrule the suspect’s will and reverse his choice to speak to the authority or remain silent. Therefore, the courts must adopt an approach to interrogation which emphasizes the right of the person detained to make a meaningful choice and which permits the rejection of statements, which have been obtained unfairly. There is nothing that prohibits the police from questioning an accused after they have retained counsel. Police persuasion does not breach the right to silence. In addition, the right only applies after detention. Thirdly, the right does not affect voluntary statements made to cell mates. Fourth, a distinction needs to be made between using undercover police to observe the accused and using undercover police to elicit information in violation to the accused right to remain silent. Last, even where there is violation of the suspects rights, the evidence, where permitted, may be admitted. Only when the court is satisfied with the possibility that its reception would be likely to bring the administration of justice into disrepute can the evidence be rejected under s. 24(2) of the Charter. Decision McLachlin writing for majority. Majority held that the evidence was inadmissible and upheld the trial judges ruling. Majority found that the right to silence was a principle of fundamental justice and as such was protected under section 7. An accused right cannot be undermined through acts of police trickery when being held in custody by police. However, if the accused were to reveal information to an informer or undercover agent of their own free will then the statements could be used against them. Majority concluded that: 1. Police violated the rights of the accused when obtaining the statements under section 7 of the Charter 2. The evidence should be excluded under s. 24(2) of the Charter. Ratio Decidendi Constitutional issue was whether the police had violated Hebert’s right to remain silent in process of obtaining information. Basic doctrines from the principals of fundamental justice were examined which involved (1) investigating common law rules (2) examining the Charter (3) examining the purpose of the right to remain silent. 1. Common Law Rules McLachlin concluded that there was a person whose right was at risk by the processes that occurred. Hebert had the right to choose whether to make a statement to the police or to remain silent. 2. The Charter of Rights and Freedoms The primary viewpoint of the Charter was the dominance of the rights and the fairness of the judicial system. Two related Charter rights complimented this case: the right to counsel under s. 10(b) and the right against self-incrimination under s. 11(c). In addition, as mentioned earlier, the right remain silent was an issue. Majority found that these rights granted Hebert right to be free of coercion by the police, but also the right to choose whether or not to give a statement. 3. Right to Remain Silent In this case, the court held that the right to silence was a principle of fundamental justice (core values within the justice system that must triumph over these rights for the good of society). Statements cannot be achieved through police deception and silence cannot be used to make facilitate any presumption of guilt; therefore, Hebert’s right was violated. Majority concluded that right to remain silent under s. 7 of the Charter guaranteed Hebert the right to decide whether to give a statement or not to the police. The right to decide whether to give a statement or not depended on the accused presence of an operating mind. It prohibits unfair conduct on behalf of the police. Lastly, the right to remain silent disqualified the statements that the police have obtained unjustly and in violation. Majority states that Heberts right to remain silent had been violated. Hebert had exercised his decision not to speak to the police. When he later spoke to the undercover officer, Hebert had not reversed this decision therefore being tricked by the police violated his rights. However, Majority said this right to silence was subject to limitations: i. Nothing that states that the police are prohibited from questioning Hebert in the absence of his lawyer after contacting his lawyer ii. Persuasion from the police was permissible up to the point of infringing upon Heberts’ rights or denying him of an â€Å"operating mind† (deception using undercover). iii. Right applies only after custody and does not allow undercover operations prior to detention. iv. The right does not affect statements made voluntarily by the accused to other cellmates. v. The right covers only deceptive activities by police where they attempt to get statements from the accused. It allows monitoring of the accused by the police or informants incase they overhear any voluntary statements made by the accused. vi. Statements obtained in violation of the right to remain silent would be excluded under s. 24(2) of the Charter where admittance would bring the justice into disrepute. In addition, three factors where brought into discussion when determining whether the evidence should be excluded. 1. Effect of admission of evidence on the fairness: the admission of these statements would conclude the trial to be unfair. Hebert was tricked into making statements to the police after clearly stating he does not want to make any statements. 2. How serious the Charter violation would be: in this case, it would be quite serious because the police purposely were deceitful in order to gain knowledge. 3. Effect of the exclusion: exclusion of the evidence would result in an acquittal. Importance of the case for miscarriages of justice In this case the Supreme Court of Canada held that Section 7 of the Charter of Rights and Freedoms gives individuals in custody the right to remain silent. It gives an individual the right to decide whether they would like to make statements to authorities or not. If the individual makes a statement, they should be fully aware that this statement might pose risk. Making statements without knowledge of future risk, and also after clearly stating that you would not like to make any statements to police, is evidence of procedural unfairness. â€Å"The right of silence, which has emerged at both the pre-trial and trial stages, is underpinned by the privilege against self incrimination, and the broader notions of the rule of law espoused by the liberal tradition. The consequence of this right proposes that one cannot be required to answer a question that might tend to expose oneself to criminal conviction† (Hocking and Manville, 2001, p. 65). Ensuring that no miscarriages of justice are attempted, such as wrongful convictions, it is necessary to abide by the Charter of Rights and Freedoms for the collective agreement of equality among all. R v Hebert was in importance for miscarriages of justice because it ensures that individuals are not tricked into making incriminatory statements and ensures individuals are not coerced into confession where both may lead to wrongful convictions. Sherrin (2008) writes about the Charter of Rights and Freedoms and its relation to wrongful convictions. Sherrin (2008) states, â€Å"false confessions are a surprisingly frequent contributor to wrongful convictions, so a constitutional right not to speak to the authorities could help the innocent by allowing them to hide behind a protected veil of silence. † (p. 385). Often, the innocent will want to waive their right to remain silent because they want to make a clear case to authorities about their innocence. But also, there are those who exercise this right in order to not be a part of a miscarriage of justice which happen more than often in the current justice system. â€Å"False confessions seem to come about as a result of a critical combination of interrogative pressure and suspect vulnerability† (Sherrin, 2008, p. 388). Police are permitted to use interrogations to attempt to acquire information, and this often results in false confessions depending on the individual being accused. Therefore, it is of importance to understand that the right to remain silent encourages for one to remain silent in order to negate from incriminatory statements, in addition, it does not permit police to use deceitful or â€Å"trick† tactics, after your decision to remain silent, in order to attain information. In R v Hebert, the accused exercised his right to remain silent, yet authorities went forth with deception and tricked the accused into making various incriminatory statements. Using deception violates their right and excludes all statements as evidence. It is important because if these statements are the only evidence that would be used in trial, this can be a clear example of injustice and would lead to disrepute and power bias. â€Å"Whether an innate or acquired early in life, the desire to confess – to take responsibility for a perceived misdeed- is no doubt a deep seated impulse in all of us† (Stuart, 2008, preface). Stuart (2008) uses Miranda v Arizona as the stem to his discussion on right to remain silent. He goes on to claim that most Americans assume that once a suspect is in custody, they are most likely guilty (preface). Miranda v Arizona was a very important case that concluded that prosecution may not use statements that came from interrogation unless demonstrated that safe procedures were used to protect against self incrimination (Stuart, 2008). R v Hebert goes along this case in part due to the fact that the right to remain silent also protects one from self-incrimination. Ernesto Miranda was a illiterate man that had minimum, if any, knowledge about justice procedures, and therefore, was influenced to confession. Living in a country that accepts various of cultures every day, it is of great importance to ensure procedural fairness in order to limit possibility of false confessions and incriminating statements that can be used. As well, it is of great importance to communicate the rights individuals have when being detained. Being detained can invoke many different emotions and feelings, and can cause individuals to make statements they otherwise would have not. Even the smallest misstatement can be interpreted a completely different way that does not favor the person accused. In addition to the above, the right to remain silent also promotes the need for proof beyond a reasonable doubt and presumes innocence. Whilst banning torture and deceit, with this right, the prosecution needs to acquire evidence that will prove, beyond reasonable doubt, that this individual is guilty. Without the right to remain silent, incriminatory statements would be made, interpreted, and used to convict individuals that would in most cases be innocent. The right to remain silent is built on the presumption of innocence, requiring the prosecution to prove guilt. The allowance of various statements obtained by police would illustrate that the prosecution has failed to deliver the burden (Hocking and Manville, 2001). The possibility of planned incrimination where one is coerced on the outside to take blame for another also adds to the need for proof beyond a reasonable doubt from the prosecution. In conclusion, R v Hebert is of significance to miscarriages of justice because it is the stem that protects individuals from the coercive power that may lead to wrongful convictions. It protects individuals from being influences by interrogation tactics by authorities. In addition, it protects individuals from allows prosecution to utilize possibly incriminating statements as sole evidence for conviction – prosecution needs to prove guilt beyond a reasonable doubt. It also protects people that are not knowledgeable or can not communicate in certain languages from incriminating themselves. Individuals are also protected from the abuse of power by police in the possible use of trickery into obtaining information. Police goals are ones of wanting to lay charges and convictions, which can influence them to abuse their powers in order to achieve those goals. The violation of rights is unjust and can lead to wrongful convictions. Lastly, it protects police from interpreting statements in ways that can be incriminating. The right to remain silent allows for no interpretation, controls police power abuse, and strives for fairness throughout all processes.

The Prof Basu Boston College Working Papers Stories

The Prof Basu Boston College Working Papers Stories Consent is necessary to contact you, but isn't a requirement to register or enroll. Furthermore, you should do well to get a strong application. Content within this section is offered by the school. While your actions might be small, they ought to be full of meaning. Consider which prompt will provide you with an opportunity to best describe the essential components of yourself that weren't covered in the other components of your application. If you wish to get in, the very first matter to check at is the acceptance rate. The customized map is going to be highlighted in many sections signifying the access to seats for the specific game. Prof Basu Boston College Working Papers - Dead or Alive? Although this looks like a lot, college football can be a rather weird location. As a consequence, even if Boston University is a match school with regard to your credentials, you still ought to make sure you've applied to a couple security schools in the event the admissions decision doesn't go your way. Do not concentrate on great things of a particular university, all of the extracurricular activities you did at high school, or the sum of dedication it requires to be a health care provider. Moreover, the school offers students a selection of a kid and adolescent psychiatry residency or an overall psychiatry residency. If BU is definitely your top choice school, applying early is a fantastic way to demonstrate your interest and enhance your probability of being admitted. This means that you may choose which SAT tests you wish to send to the school. Whenever you have the last score that you're contented with, after that you can send only that score to all of your schools. Read further to see whether you'll want to submit SAT subject scores. If he can impact the game on special teams, it is going to be an excellent method to continue to keep his spot on the roster. This pick is a linebacker who's good at doing that. It is tough to not like obtaining a top 3 player at pick six, however, with the further picks gained for trading back, the remainder of the draft is a little lackluster. Unless a distinct wide receiver steps up, this might be a lengthy day for USC. Evans and Landry are both players that is going to have significant impact. Kelly needs to have an excellent camp to create the team. Founded in 1830, Boston University is among the largest private universities in the USA. Suffolk University is a tiny private university, particularly famous for its law school. Michigan managed to get, in part due to their prestige and tradition. It fought hard but it eventually resulted in a loss in Columbus. Northern Illinois will appear sloppy, but the defense is likely to make things interesting. The very first game played between both schools happened in 1899 and was played at a neutral site. Both teams are seeking their first win. If either team wishes to stay popular in the Philadelphia media market, they will need to win consistently, in order to keep national media coverage. Nevertheless, in the conclusion of the essay you will nonetheless have to connect everything to yourself. Your paper should contain a minute of revelation, telling what you've learned from your experience and the way it made you the person you're today. In the close of the essay, you'll need to supply a personal reflection. Inside this essay prompt, you have to cover two key topics creativity and service and set them together in a significant essay. These are the little things that may make a huge difference to the effect of your message. There's no need to try and locate the biggest problem. Instead locate a problem and describe how you would like to study it. With anything that's going to occur great, there's risk. It's a fact that nothing is forever. Don't use unnecessary words. Instead write your essay in your voice. The Benefits of Prof Basu Boston College Working Papers Let's take a close look. Aside from that, you two were great.

Border Security Research Paper Topics

Border Security Research Paper TopicsBorder security research papers can deal with many different subject areas, but many people are interested in topics that can really be of use to the field. Of course, some border security research is far more technical and science-based than others, but as an overall topic, people tend to prefer topics that are very practical and understandable. Also, such research papers should definitely not contain any claims or opinions on specific theories or techniques used by the intelligence community. The reason is that most experts and researchers who work for the Department of Homeland Security or other similar agencies believe that such techniques do not have very high predictive value or validity, and therefore do not contribute much to the science of border security.Border security research papers can be broken down into several categories based on the topic of the paper. One way to classify such papers is by type, or topic. For example, a border se curity research paper that is about natural disasters, might deal with things like flood forecasting, coastal erosion, or the effectiveness of building materials to resist tornadoes and other weather conditions. Social sciences research paper might deal with things like immigration, gender related issues, homophobia, nationalism, or ethnicity.Then, there are subcategories that can be included in a research paper. For example, a research paper on cyber-security might focus on topics like computers and other electronic devices, encryption and other things of that nature. Political science research papers might also be considered based on the theoretical or real-world application of politics. There is of course a multitude of other subcategories, and the more research papers one can cover in any given time period, the better.As was stated earlier, one of the reasons that border security research paper topics are so popular and sought after by professionals in the field is because they are typically fairly straightforward and easy to understand. In addition, they are easier to write than a lot of the other research papers one might consider writing on the same topic. This makes them a good choice for students and graduate students as well.The main thing to keep in mind when trying to choose a topic for a research paper is to have some basic research questions. One question to start with is whether or not the topic interests you. Once you know if it interests you, you can make an educated guess about what the topic will involve and then start digging.Another factor that can affect how successful a research paper will be is whether or not it is written from a 'research mindset.' This means that you should have a set of specific ideas in mind before you start writing your paper. After all, your purpose in writing is to find information, and this can only be accomplished by having a well-defined topic in mind. That is why it is important to have some idea of what the topic is before you start.If a research paper is written without a clear idea of what the topic will be, then you might as well just throw it away. The result will be an unfinished paper. If you want to be successful, you need to have ideas before you start writing. You can then gather that information and organize it in the best way possible for your research paper.Now that you have a better idea of where to look for border security research paper topics, you can start to narrow down the subject matter you want to write about. Of course, if you are still confused about anything, then you can always seek the advice of experts, but if you are confident you are looking at a topic that interests you, then you can start writing. Remember that it is okay to get help, and that in most cases, even someone who has experience in a given topic will provide useful insight on something you are interested in.

Essay Topics on The Hobbit by J.R.R. Tolkien

Essay Topics on The Hobbit by J.R.R. TolkienWe know that the Hobbit is known for its interesting essay topics. However, did you know that essays written by Tolkien are famous? With so many of his works now available in many different forms, it is important to look at what makes his writing so interesting. Let's take a look at his essay topics.There are many different topics in The Hobbit. Tolkien mentions several on his essay topics. These include animal names, geography, and transportation. I mentioned them briefly because there are several other topics that are not mentioned or only briefly mentioned. There are many different essays about those topics and you may find it helpful to search for them.Animal Names One of the most interesting aspects of the article is the animal names. Each one is named after an animal. Some of the animals that are featured are Hippogriff, Pengoulian, Goblin, Calrinthin, Dwarfish, etc. The Hobbit is a very imaginative book. It takes place over a long pe riod of time and uses different animals and names for each one.In the short essay that we have, we discuss how important animals are in each of the locations of the Hobbit. The Calrinthin are mostly eaters but live in trees. The Hippogriff is generally great climbers. The other animals are large in size and include the drakel, which is like a giant octopus.Another interesting point is the differences between small populations and large ones. Dwarves are spread out among their buildings. A large population is concentrated in one area. An example of this is the Shelob.Geographies of the Hobbit It is important to discuss the geography of the Hobbit. Geography is very important in The Hobbit as it is important in The Lord of the Rings. This is because the different regions of Middle Earth are considered to be different parts of Middle Earth. Areas of mountains and forests are different from dry plains. It is important to discuss this topic because it allows for comparison between Middle Earth and the real world.Transport of the Hobbit Now we will move on to the essay topic of transportation in The Hobbit. There are a lot of places to transport things to and from Middle Earth. There are trade carts, carts filled with horses, and wagons. The wagons are known to travel at a faster rate than the other kinds of vehicles.We also discussed transportation in The Hobbit. We discussed traveling by horses, carts, and wagons. The article contains other topics such as maps and languages of Middle Earth.

Helping the Students Get a Good Grade In The Second Term Papers

Helping the Students Get a Good Grade In The Second Term PapersThe grades of the 2nd term papers are important for those who take it up for consideration. If the students score poorly in the second term paper then they will be regarded as those who do not have the basic capabilities of studying. This, if observed by the school authorities, can prove to be a failure for them. Thus, proper consideration of the grading policies is very important in helping them.Some students, however, feel that because of the nature of the term papers that the grades obtained are not going to be their real grades. For example, some students of low marks in the term papers have good marks in the examination papers for the written examinations.Those students who score well in the exams for the same will get a higher grade and this is even more so in the case of the course work or the 2nd term papers. A student can have all the marks in the term papers, if he is a genuine student. As long as he keeps study ing, he can maintain his high grades and hence be able to secure the distinction of getting the same.There are many ways through which the students can make use of to help in getting the same on the basis of the grades achieved in the 2nd term papers. This includes the following:The student can write a longer paper than the regular one and with a little improvement in writing skills and a little change in language style, it would stand out much better in the examination papers. Though students would like to study in their own language but then, if they go for the language of the class instead of the country of which they are residing then there is every chance that they may go down in the worksheet. Hence, the best policy to ensure that the student gets good marks would be to study in the language which is predominant in the country. So, that they get a good mark they need to learn the language for the class and make themselves more comfortable.There are chances that if the students take care of this factor in the 2nd term papers, it could prove to be beneficial to them. If this step is taken, they will be able to study in their own language and this helps them immensely. It is also possible to get the same from the parents. They can show their pride of having such a student in their homes and help them with their efforts to help the student in achieving the desired mark.In addition to these two ways, students can also seek help from their school authorities. The school authorities may also provide them with help, so that they do not have to exert all their efforts and are able to achieve the desired mark.